MATTER OF McLAMB v. FISCHER


70 A.D.3d 1090 (2010)

895 N.Y.S.2d 223

In the Matter of JEFFERSON McLAMB, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 4, 2010.


In February 1988, petitioner was sentenced in Suffolk County Court, upon his conviction of attempted forgery in the second degree, to a prison term of 90 days and five years of probation. In August 1990, petitioner was sentenced to an aggregate prison term of 20 years to life for his conviction of robbery in the first degree and attempted robbery in the third degree. Subsequently, petitioner's 1988 sentence was vacated, and he was resentenced as a second felony offender to...

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